F. No.2(4)/2002-Pub., dated
27-2.2002.-The following Order promulgated by the Chief Executive is hereby
published for general
information:—
.

Whereas
pursuant to the announcement for restoration of democracy by the President on
the fourteenth day of August, 2001, it is expedient to provide for the holding
of general elections in the country for the election of the members of the
National Assembly and the Provincial Assemblies and the matters connected
therewith and ancillary thereto;

And whereas
updated electoral rolls are to be prepared and delimitation of constituencies
is to be carried out in view of the increase in the number of seats in the
Assemblies;

Now,
therefore, in pursuance of the Proclamation of Emergency of the fourteenth
day of October, 1999, and the Provisional Constitution Order No. l of 1999, and
in exercise of all other powers enabling him in that behalf, the Chief
Executive of the Islamic Republic of Pakistan is pleased to make and promulgate
the following Order:---

1.Short tittle, extent and commencement.—(1) This Order may be called the
Conduct of General Elections Order, 2002.

(2)
It extends to the whole of Pakistan.

(3)
It shall come into force at once.

2.Definitions.— In this Order, unless there is anything repugnant in the
subject or context,---

(b)
"Constitution" means the
Constitution of the Islamic Republic of Pakistan, 1973, which is in abeyance by
virtue of the Proclamation of Emergency of the fourteenth day of October, 1999;
and

(c)
"prescribed'" means prescribed
by the rule made under Ail Order.

3.Order to override other laws.— The provisions of this Order shall have
effect notwithstanding anything contained in the Constitution or in any other
law for the time being in force relating to the forthcoming elections to the
National Assembly and the Provincial Assemblies.

4.Conduct of General Elections.—Subject to the Election Commission Order,
2002 (C.E.s Order No. l of 2002) and notwithstanding anything to the contrary
contained in the Constitution, the Electoral Rolls Act, 1974 (XXI of 1974), the
Delimitation of Constituencies Act, 1974 (XXXIV of 1974), the Representation of
the People Act, 1976 (LXXXV of 1976) and the Houses of Parliament and
Provincial Assemblies (Elections) Order, 1977 (PPO No.5 of 1977), or any other
law for the time being in force, the Chief Election Commissioner or, as the
case may be, the Election Commission shall take such steps and measures,
including preparation of electoral rolls and delimitation of the
constituencies, and adopt such procedure, do such acts, pass such orders, issue
such directions and take all such ancillary, indental and consequential steps
as may be deemed necessary for effectively carrying out the elections for the
members of the National Assembly and Provincial Assemblies in October, 2002.

5.Number of seats in the National
Assembly. -(1) There shall be three hundred and fifty-seven seats of the
members in the National Assembly, including seats reserved for women and
technocrats.

(2)
The seats in the National Assembly referred to in clause (1) are, save and
except as provided in clause (3), allocated to each Province and the Federal
Capital as under,---

(a)
The constituencies for the election on general seats shall be single member
territorial constituencies;

(b)
Members to fill the general seats in the National Assembly shall be elected by
direct and free vote;

(c)
The constituencies for the seats reserved for women and technocrats shall be
such that each Province forms one constituency with as many such seats as are
allocated to the Provinces under clause (2); and

(d)
The members to fill seats reserved for
women and technocrats which are allocated to a Province under clause (2) shall
be elected simultaneously through proportional representation system of open
political parties' lists of candidates on the basis of total votes secured by
the candidates of each political party contesting elections to the general
seats:

Provided
that a political party securing less than ten per centum of the total votes
cast in the election on general seats shall not be entitled to any seat:---

Provided further
that where only one political party secures ten per centum or more of the
total votes cast and all other political parties secure less than ten per
centum of the total votes cast, then me first proviso shall have effect as if
for the word "ten" therein the word "five" were
substituted:

Provided
also that where all the political parties individually secure less than ten
per centum of the votes cast, then the first proviso shall have effect as if
for the word 'ten' .therein the word "five" were substituted.

6.Number of seats in the Provincial Assemblies.—(1) Each Provincial
Assembly shall consist of general seats and seats reserved for women and
technocrats as hereinbelow specified:---

General
seats
Women
Technocrats
Total

Baluchistan 51
11
5
67

The North-West

Frontier
99
22
9
130

Province

The Punjab
297
66
27
390

Sindh
130
29
12
171

(2)
For the purpose of election to a Provincial Assembly:---

(a)
The constituency for the general seats
shall be single member territorial constituencies;

(b)
Members to fill the general seats shall be
elected by direct and free vote;

(c)
The constituencies for the seats reserved
for women and technocrats shall be such that each Province forms one
constituency with as many such seats as are allocated to the Provinces under
clause (1); and

(d)
The members to fill seats reserved for women and technocrats which are
allocated to a Province under clause (1) shall be elected simultaneously
through proportional representation system of open political. parties lists of
the candidates on the basis of total votes secured for the candidates of each
political party contesting election to the general seats in the Provincial
Assembly:

Provided that a
political party securing less than ten per centum of the total votes cast in
the election on general seats shall not be entitled to any seat:

Provided
further that where only one political party secures ten per centum or more of
the total votes cast and all other political parties secure less than ten per
centum of the total votes cast, then the first proviso shall have effect as if
for the word "ten" therein the word "five" were
substituted:

Provided also
that where all the political parties individually secure less than ten per
centum of the votes cast, then the first proviso shall have effect as if for
the word "ten" therein the word "five" were
substituted.

7.System of elections.— The elections for the members of the National
Assembly and the Provincial Assemblies shall be held on the basis of joint
electorate,

8.Laws relating .to election etc., to apply.— Notwithstanding anything
contained in the Constitution, the Electoral Rolls Act, 1974 (XXI of i974), the
Delimitation of Constituencies Act, 1974 (XXXIV of 1974) and the Representation
of the People Act, 1976 (LXXXV of 1976) and any rules made thereunder, for the
time being in force, shall, in so far as they are not inconsistent with any
provision of this Order, apply to the preparation and revision of electoral
rolls, the delimitation of constituencies, the choosing of a member from the
Federal. Capital, the appointment of election tribunals and the conduct of
elections to the National Assembly and the Provincial Assemblies.

9.Power to make rules.—(1) The Chief Executive may make rules for carrying
out the purposes of this Order. (2) In particular and without prejudice to the
generality of the foregoing powers, such rules may provide for the procedure of
election on the seats reserved for women and technocrats.

10.Removal of difficulties.- (1) If any difficulty arises in giving effect to
any of the provisions of this Order, the President may make such provisions for
the removal of the difficulty as he may deem fit.

(2)
For the purpose of bringing the provisions of the Constitution and of any of
the laws relating to elections to the National Assembly and the Provincial
Assemblies into accord with the provisions of this Order, the President may by
Order make such adaptations, modifications, additions or E omissions as he may
deem necessary or expedient.

(3)
Any Court, tribunal or authority empowered to enforce any of the laws referred
to in clause (2) shall, notwithstanding that no adaptations have been made in
such law by an order made under that clause, construe the law with all such
adaptations as are necessary to bring it into accord with the provisions of
this Order.